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  • Always trouble

    Hello, all! My son is 16 and works at a local fast food restaurant. Unfornately, there is little else in this tiny town. Anyway, the trouble is this:
    He has been sick off and on for the last month and a half. Because of this, he has missed about 4 days of work. All of these days were with doctor's notes. He's had strep twice and continues to have trouble. Even with doctor's notes, his employer behaves as if he is making it up. This past Monday, I took him to the doctor again, he had a note, but went to work anyway. Monday night, he was coughing uncontrollably and a customer who saw him had complained. The shift manager told him if he was still sick the next day, to stay home and she would have someone cover his shift. Of course, he was still sick and didn't go in, a boy covered and all was well. This was Tuesday, which was also payday. I ran him up there to pick up his check. He has bills to pay, too. The shift manager told him she'd been instructed to not give him his check if he did not come in to work! Do they have any grounds to withhold his check? This place has also been guilty of making the kids clock out when they're slow and hang out until they get customers, which I understand to be illegal (engaged to wait). Can they legally withhold his paycheck? Thank you and sorry this is so long.

  • #2
    They can't withhold his check, but it's likely not a problem to not give it to someone else.
    I am not able to respond to private messages. Thanks!

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    • #3
      Originally posted by Marketeer
      They can't withhold his check, but it's likely not a problem to not give it to someone else.

      Thank you so much for getting back so quickly! I expect he'll be in all kinds of trouble when he goes to work today, because I went in there, not at all a happy mom, and the shift manager (the manager wasn't there) did give me his check. She told me she'd tell the manager that she gave it to 'his mom,' but I don't see the difference. I'd also like to ask if they can fire him for missing time when he's had a doctor's excuse for every day he's missed, one even from the ER. And thanks again!

      Comment


      • #4
        Yes, they can fire him for missing work no matter how many doctor's notes he had. A doctor's note has no force in law; the existance of a doctor's note does not require an employer to excuse the absences.

        There are certain protections available to full time workers but if your son is 16 and working part time it is quite unlikely that they apply to him.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by cbg
          Yes, they can fire him for missing work no matter how many doctor's notes he had. A doctor's note has no force in law; the existance of a doctor's note does not require an employer to excuse the absences.

          There are certain protections available to full time workers but if your son is 16 and working part time it is quite unlikely that they apply to him.
          You're right, he's far from full time, and thank you for the reply. I wonder why they even bother to ask for a note, then. These small towns sure love to take advantage of the fact there are few places to work, especially for the teens.
          Thanks again.

          Comment


          • #6
            They ask for the note to make sure the absence is legitimate. But even legitimate absences add up to the point where an employer cannot hold the job any longer. This is true for full time adult employees as well as teens.

            Sorry I can't give you a better answer.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              His check cannot be withheld as disciplinary action. In most states, he could file a claim for unpaid wages with the state Dept. of Labor. What state are you in?

              Relative to giving his check to someone else, although there is probably nothing illegal about that, it's a really stupid idea, unless he has authorized its release to another individual in writing.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by cbg
                They ask for the note to make sure the absence is legitimate. But even legitimate absences add up to the point where an employer cannot hold the job any longer. This is true for full time adult employees as well as teens.

                Sorry I can't give you a better answer.
                No, that is a fair answer, thank you. It makes sense in most cases, but he has never left them high and dry and has covered many shifts for others in the past. I suppose they will decide to do what they wish. Thank you for the assistance.

                Comment


                • #9
                  Originally posted by Pattymd
                  His check cannot be withheld as disciplinary action. In most states, he could file a claim for unpaid wages with the state Dept. of Labor. What state are you in?

                  Relative to giving his check to someone else, although there is probably nothing illegal about that, it's a really stupid idea, unless he has authorized its release to another individual in writing.

                  Thank you. We are in Virginia.
                  She did give me the check without written consent, but I was glad for it. I can see that it could be a dangerous practice.
                  When I found out they were making the kids clock out and sit around for customers, I was able to find (on the internet) that this practice is illegal. I was sure to tell him this information in front of the employees and the shift manager and this hasn't happened since, at least not to my son.

                  Comment

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